90-316 RESOLUTION NO. 90R-316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 3252.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit construction of a 226-unit, 3-story deck-type apartment
complex with waivers of the hereinafter specified provisions of
the Anaheim Municipal Code on certain real property situated in
the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 107,
PAGES 36 AND 37 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
AND
THE WEST 200.00 FEET OF LOT 1 IN BLOCK A OF TRACT NO.
13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 286.00 FEET THEREOF.
ALSO EXCEPT THAT PORTION WITHIN THE EAST 197.00 FEET OF
THE SOUTH 320.00 FEET OF SAID LOT.
AND
THE SOUTH 400.00 FEET OF THE NORTH 436.00 FEET OF LOT 2
IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC90-154 denying
Conditional Use Permit No. 3252; and
CUP 3252
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did hold and conduct such public hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Commission and
all evidence and reports offered at said public hearing before the
City Council, that all of the conditions and criteria set forth in
Section 18.03.050.050 of the Anaheim Municipal Code are not
present for the following reasons:
1. That the proposed use will adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located; and
2. That the size and shape of the site proposed for the use
is not adequate to allow the full development of the proposed use
in a manner not detrimental to the particular area nor to the
peace, health, safety, and general welfare; and
3. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area; and
4. That the granting of the conditional use permit would be
detrimental to the peace, health, safety, and general welfare of
the citizens of the City of Anaheim; and
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
Sections 18.34.063.028 Minimum landscaped setback.
and 18.96.030 (20 feet required adjacent to
s~ngle~- amily residential zoning;
10 feet proposed along east
[RS-7200] property line).
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the
City Council regarding said requested waivers, that all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
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1. That there are no special circumstances applicable to
the property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property
under identical zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City o£ Anaheim that the request to permit construction of a
226-unit, 3-story deck-type apartment complex on the hereinabove
described real property with waivers of the aforesaid provisions
of the Anaheim Municipal Code be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14th day of August, 1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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5860L
081790
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STATE OF CALIFO~IA )
COUNTY OF ORANGE ) ss.
CITY OF AN~EIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certi~ that
the foregoing Resolution No. 90R-316 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 14th day of August, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaycod, Pickler and Hunter
NOES: COUNCIL M~BERS: None
ABSENT: COUNCIL MEMBERS: None
~D I ~RTHER certify that the M~or of the City of Anaheim signed said
Resolution No. 90R-316 on the 24th day of August, 1990.
IN WITNESS WEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of August, 1990.
CITY CLE~ OF THE CITY OF AN~EIM
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-316, duly passed and
adopted by the Anaheim City Council on August 14, 1990.
CITY CLERK OF THE CITY OF ANAHEIM